[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Proposed Rules]
[Pages 59336-59338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22914]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R04-OAR-2021-0370; FRL-9092-01-R4]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Florida; Control of Emissions From Existing 
Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a Clean Air Act (CAA) section 111(d) plan submitted by the 
Florida Department of Environmental Protection (FDEP) on December 22, 
2020. This plan was submitted to fulfill the requirements of the CAA 
and is responsive to EPA's promulgation of Emissions Guidelines and 
Compliance Times for municipal solid waste (MSW) landfills. The Florida 
plan establishes emission limits for existing MSW landfills and 
provides for the implementation and enforcement of those limits.

DATES: Written comments must be received on or before November 26, 
2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0370 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be confidential business information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Katy Lusky, Air Analysis and Support 
Branch, Air and Radiation Division, U.S. Environmental Protection 
Agency, Region 4, 61 Forsyth St. SW, Atlanta, Georgia 30303. The 
telephone number is (404) 562-9130. Ms. Lusky can also be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On August 29, 2016, EPA finalized revised Standards of Performance 
for new MSW landfills and Emission Guidelines and Compliance Times for 
existing MSW Landfills in 40 CFR part 60, subparts XXX and Cf, 
respectively (81 FR 59331 and 81 FR 59275). These actions were taken in 
accordance with section 111 of the CAA.
    Section 111(d) of the CAA requires EPA to establish a procedure for 
a state to submit a plan to EPA which establishes standards of 
performance for any existing source for any air pollutant: (1) For 
which air quality criteria have not been issued or which is not 
included on a list published under CAA section 108 or emitted from a 
source category which is regulated under CAA section 112, but (2) to 
which a standard of performance under CAA section 111 would apply if 
such existing source were a new source. EPA established these 
requirements for state plan submittals in 40 CFR part 60, subpart B. 
State submittals under CAA sections 111(d) must be consistent with the 
relevant emission guidelines, in this instance 40 CFR part 60, subpart 
Cf, and the requirements of 40 CFR part 60, subpart B, and 40 CFR part 
62, subpart A. If the state plan is complete and approvable with 
reference to these requirements, EPA notifies the public, promulgates 
the plan pursuant to 40 CFR part 62, and delegates implementation and 
enforcement of the standards and requirements of the emission 
guidelines to the state under

[[Page 59337]]

the terms of the state plan as published in the CFR.
    On December 22, 2020, the FDEP submitted to EPA a formal section 
111(d) plan for existing MSW landfills. The section 111(d) plan was 
submitted in response to the August 29, 2016, promulgation of Federal 
New Source Performance Standards (NSPS) and emission guidelines 
requirements for MSW landfills, 40 CFR part 60, subparts XXX and Cf, 
respectively (81 FR 59331 and 81 FR 59275).
    On July 7, 2021, the FDEP sent EPA a letter modifying its original 
plan. The modifications identified in the letter involve withdrawing 
the initial design capacity reporting requirement in 40 CFR 60.38f(a) 
and the initial nonmethane organic compound emission rate reporting 
requirement in 40 CFR 60.38f(c). The basis for withdrawing these 
reporting requirements is that, prior to the effective date of the 
Florida plan, owners and operators of existing municipal solid waste 
landfills in Florida, will have already satisfied these reporting 
requirements under provisions in the Federal plan for existing 
municipal solid waste landfills. Under the Federal plan in 40 CFR part 
62, subpart OOO, the deadline for submitting initial design capacity 
and nonmethane organic emission rate reports is September 20, 2021.

II. Summary and Analysis of the Plan Submittal

    EPA has reviewed the Florida section 111(d) plan submittal in the 
context of the plan completeness and approvability requirements of 40 
CFR part 60, subparts B and Cf, and part 62, subpart A. EPA is 
proposing to determine that the submitted section 111(d) plan meets the 
above cited requirements. The Florida state plan submittal package 
includes all materials necessary to be deemed administratively and 
technically complete according to the criteria of 40 CFR 60.27. 
Included within the section 111(d) plan are regulations under the 
Florida Administrative Code (F.A.C.) specifically, F.A.C. 62-
204.800(9)(h)--``Municipal Solid Waste Landfills, 40 CFR part 60, 
subpart Cf, Emissions Guidelines and Compliance Times for Municipal 
Solid Waste Landfills that Commenced Construction, Reconstruction, or 
Modification on or Before July 17, 2014.'' Florida houses its 
implementation and enforcement authority for the state plan 
requirements in these regulations. In this action, EPA is proposing to 
incorporate by reference F.A.C. 62-204.800(9)(h), which became 
effective in the State of Florida on June 15, 2020. A detailed 
explanation of the rationale behind this proposed approval is available 
in the Technical Support Document (TSD) included in the docket for this 
action.

III. Proposed Action

    EPA is proposing to approve the Florida section 111(d) plan for MSW 
landfills pursuant to 40 CFR part 60, subparts B and Cf. Therefore, EPA 
is proposing to amend 40 CFR part 62, subpart K, to reflect this 
action. This approval is based on the rationale previously discussed 
and in further detail in the TSD associated with this action.
    The EPA Administrator continues to retain authority for approval of 
alternative methods to determine the nonmethane organic compound 
concentration or a site-specific methane generation rate constant (k), 
as stipulated in 40 CFR 60.30f(c).

IV. Incorporation by Reference

    In this document, EPA is proposing to include regulatory text that 
incorporates by reference the state plan. In accordance with 
requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference F.A.C. 62-204.800(9)(h), which became effective in the State 
of Florida on June 15, 2020. F.A.C. 62-204.800(9)(h) provides details 
regarding Florida's adoption of the applicability provisions, 
compliance times, emission guidelines, operational standards, test 
methods, compliance provisions, monitoring requirements, reporting 
guidelines, recordkeeping guidelines, specifications for active 
landfill gas collection systems and definitions contained in EPA's 
emission guidelines for existing municipal solid waste landfills (40 
CFR part 60, subpart Cf). EPA has made, and will continue to make, 
these materials generally available through the docket for this action, 
EPA-R04-OAR-2021-0370, at https://www.regulations.gov and at EPA Region 
4 Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    In reviewing state plan submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this action merely approves state law as meeting Federal requirements 
and does not impose additional requirements beyond those imposed by 
state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because this action is not significant under 
Executive Order 12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed approval of Florida's State plan 
submittal for existing MSW landfills does not have tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the State plan is not approved to apply in Indian country 
located in the State, and EPA notes that it will not impose substantial 
direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Landfills, 
Incorporation by reference, Intergovernmental relations, Methane, 
Ozone, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.


[[Page 59338]]


    Dated: October 13, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-22914 Filed 10-26-21; 8:45 am]
BILLING CODE 6560-50-P


